Master'sOpen Access

Sale on approval or inspection

2020
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Advisor: Prof. Dr. Nuriye Ayşe Boztosun

Abstract (EN)

Sale on approval is a special type of sales contract. It is regulated in the Articles 249 to 252 of Turkish Code of Obligations. In everyday life, the buyer does not have the opportunity of inspection or trial of the object. Upon delivery of the object to the buyer, the buyer may notice its defects. The buyer can use the rights recognized by the law in relation with the defective goods. However this situation may lead to extended trials and costs. Defect notice periods are rather short, especially in commercial sales contracts. For such sales contracts, the buyer may not adequately inspect the object. Sale on approval condition provides the buyer with the opportunity of inspection and trial of the object. The buyer is free in his/her approval or non-approval of the object. In this study, the objective has been the explanation of the opportunities recognized by the sale on approval, for the buyer. It is seen that in practice, there are defences on invalidity of the sales on approval contract. Said defences have also been examined in the study. Sale on approval contract may be confused with other contract types. This study specifically focuses on differentiation of the sales on approval contract from other contracts. In line with the objective of the study, theoretical discussions have not been examined. The differences between Code of Obligations numbered 818 and Turkish Code of Obligations numbered 6098 have been examined. Keywords: Sale on Approval, Experience, Inspection

Author

Dr. Hakan Yılmaz

How to Cite

Hakan Yılmaz (Master Thesis). Sale on approval or inspection, 2020, Akdeniz University.

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